PC 2023-14CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION N0. 2023-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CUPERTINO RECOMMENDING APPROV AL OF AMENDMENTS TO
CUPERTINO MUNICIPAL CODE CHAPTER 19.76 (TABLE 19.76.030) TO
ALLOW PRIV ATELY OPERATED EDUCATIONAL USES AND PRIVATEL,Y
OPERATED PUBLIC SERVING USES IN THE BA ZONING DISTRICT
The Planning Commission recommends that the City Council:
1. Determine that the Project, as proposed, is categorically exempt from the
California Environmental Quality Act ("CEQA") per section 15301 (Existing
Facilities) of the CEQA Guidelines because it can be seen that the regulations for
use of existing public facilities for private operations, requiring a discretionary use
permit, will result in negligible or no expansion of use and it can be seen with
certainty that these regulations related to private uses on publicly owned property
will have no possibility of a significant effect on the environment; and that none
of the exceptions in CEQA Guidelines section 15300.2 apply;
2. Adopt the proposed amendments to the Municipal Code as indicated in Exhibit A
PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City
of Cupertino the 14'day of November, 2023, by the following roll call vote:
AYES:
NOES:
ABST AIN:
ABSENT:
COMMISSIONERS: Lindskog, Mistry, Fung, Madhdhipatla, Scharf
COMMISSIONERS: None
COMMISSIONERS: None
COMMISSIONERS: None
ATTEST:APPROVED:
Piu Ghosh
Planning Manager
Steven Scharf
Chair, Planning Commission
EXHIBIT A
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AMENDING CUPERTINO MUNICIPAL CODE CHAPTER
19.76 (TABLE 19.76.030) TO ALLOW PRIVATELY OPERATED
EDUCATIONAL USES AND PRIV ATELY OPERATED P[JBLIC
SERVING USES IN THE BA ZONING DISTRICT
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
MCA-2023-003
City of Cupertino
Public Building (BA) Zoned Properties
SECTION II: RECIT AJLS
WHEa-<EAS, Cupertino Municipal Code Chapter 19.76 outlines the requirements for uses
proposed in the City's Public Building (BA) zoning district; and
WHEREAS, the maintenance and retention of public school sites as educational facilities
is considered as being in the public interest; and
WHEREAS, the City has certain General Plan Goals, Policies and Strategies that support
the retention of publicly owned properff, it does not have regulations that specifically
address the private use of these properties, and that the amendments to Chapter 19.76
will provide a standard to review private operations on publicly owned property;
WHEREAS, the Ordinance amends the City's Municipal Code as set forth in Exhibit A to
clarify the development standards to be applied to private uses on publicly owned land
within BA Zones; and
WHEREAS, the Ordinance is consistent with the City's General Plan and the public
health, safety, convenience, and general welfare; and
WHEREAS, adoption of the Ordinance is exempt from CEQA under Guidelines section
15301 because it can be seen that the regulations for use of existing public facilities for
private operations, requiring a discretionary use permit, will result in negligible or no
expansion of use and it can be seen with certainty that these regulations related to private
uses on publicly owned property will have no possibility of a significant effect on the
environment; and
WHEREAS, following necessary public notices given as required by the procedural
ordinances of the City of Cupertino and the Government Code, the Planning Commission
held a public hearing on November 14, 2023 to consider the Ordinance; and
WHEREAS, on November 14, 2023, by Resolution 2023-14, the Planning Commission
recommended on a unanimous vote that the City Council adopt the proposed Municipal
Code Amendment to clarify development standards in the Public Building (BA) Zones;
and
WHEREAS, on December 5, 2023, upon due notice, the City Council has held at least
one public hearing to consider the Municipal Code Amendment; and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Ordinance.
SECTION III
NOW, THEREFORE, BE IT ORDAINED:
That after careful consideration of facts, exhibits, testimony and other evidence submitted
in this matter the City Council hereby adopts the Ordinance based on the findings
described below, the public hearing, and the record, as follows:
Section 1. The recitals set forth above are true and correct and are hereby
incorporated herein by this reference as if fully set forth in their entirety.
Section 2. The City Council finds the following as set forth by Municipal Code
Sections 19.152.020C and 19.152.030D:
1. That the proposed zoning is in accord with Title 19 of the Municipal Code and
the City's Comprehensive General Plan (Community Vision 2040) and the
proposed amendments are internally consistent with Title 19 of the Municipal
Code.
The proposed amendments have been adopted in accord with the requirements of Title 19,
a;nd the proposed amendments to Section 19.76.030 are proposed to achieve interna7
consistency. The amendments are consistent with the Recreatio;n, Parks, a;nd Commu;nib)
Servies Element of the Ge;neral Plan, which in Strategy .RPC-2.1.2 states that the Cih)
will Zone all public schoo7 sites for public use to allow for the public to use [thel sites,
when not in use by schools, through shared arrangemertts. The proposed Ordinance is
inte;nded to update the City's conditionally allowed uses in the BA Zone, in accordance
with historical practices, as described in the staff report presented to the Pla;tming
Commission a;nd Cih) Cou;ncil.
2. The proposed zoning is in compliance with the provisions of the California
Environmental Quality Act (CEQA).
The proposed amendment is categorically exempt from the CEQA pursuant to section
15301 (Existing Facilities) of the CEQA Guidelines because it can be seen that the
regulations for use of existing public faci(ities for private operations, requiring a
discretionary use permit, wi(( result in neg(igib(e or no expansion of use and it can be
seert with certainh) that these regulatio;ns related to private uses 07? publicly owned
property will have no possibi(ity of a significant effect 07? tlie environment and none of
the exceptions in CEQA Guideli;nes section 15300.2 apply.
3. The site is physically suitable (including, but not limited to, access, provision of
utilities, compatibility with adjoining land uses, and absence of physical
constraints) for the requested zoning designation(s) and anticipated land use
development(s).
The proposed ordinance amendment is not being applied to any specific site. The
modifications would be applied to sites in the BA Zone which are currently mai;ntained
as pub7icly operated public serving uses. The expansion of a71owed uses to privately
operated public serving uses is not expected to result in a substantial change inn operations
and therefore, the sites in the BA zone are cort.sidered to be physically suitable for the
anticipated uses.
4. The proposed zoning will promote orderly development of the City.
The proposed ame;ndment is intended to promote the continued use ofBA zo;ned properties
for pub(ic serving uses with flexibi(ify'm operator. The amendment is not expected to
resudt'm sig4cant modifications or physica7 changes to these sites which are currently
used for public serving uses.
5. That the proposed zoning is not detrimental to the health, safety, peace, morals
and general welfare of persons residing or working in the neighborhood of
subject parcels.
The proposed ordinance amendment is not being applied to any specific site. The
modifications would be app(ied to sites in the BA Zone which are currently maintained
as publicly operated public serving uses. The expansion of allowed uses to privately
operated pub(ic serving uses is not expected to result in a substantial change in
operations. The effect of the private operation on the health, safety, peace, moral and
general we(fare of persons residing or working in the neighborhood of a site will be
revierned when a;n app(ication is made for a specific site.
Section 3. The City Council hereby approves the following amendments to the
Cupertino Municipal Code:
1. Table 19.76.030 in Section 19.76.030 of the Cupertino Municipal Code is hereby
amended to read as follows:
Table 19.76.030 - Permitted, Conditional, and Excluded Uses in BA, BQ and T
Zones
(-'Uses"""""""""""-"-'-"'-"---'-'-___Zoning Districts
I "BA BQ T
. Buildings and other uses on land owned or utilized by a
federal, State, county, or city government or authority, or by
a special district created for public purposes under the laws
of the State of California are permitted in a BA zone.
P
ff. Privatel o erated educational uses and rivatel
I my_ublic servin uses inclu_din but not limited
I to, dav care and private educational facilities, which, in
I the o 'inion of the Director of Communi Develo ment
,LUF-
I _are_s__imilar__t rmitted uses in_ _the BA zonin district,=rL
I and which do riot-cr-eate simificant adverse imoacts to the
I surroundin area.(l) - -
. Rotating homeless shelter provided that the following
conditions are met:
a. Shelter is located within an existing church structure;
b. The number of occupants does not exceed twenty-five;
c. The hours of operation do not exceed six p.m. to seven
a.m.;
d. Adequate supervision is provided;
e. Fire safety regulations are met; and
f. Operation period does not exceed two months in any
twelve-month period at any single location.
P
4. Permanent emergency shelter provided the following
conditions are met:
a. Section 19.76.030(2)(b), (d), (e);
b. A management plan is provided which includes a
detailed operation plan.
c. Shelter is available to any individual or household
regardless of their ability to pay; and
d. Occupancy is limited to six months or less.
P
5. Public utility companies regulated by the Public Utility
Commission for uses restricted to administrative and office
buildings, communication equipment buildings, including
parking, landscaping and maintenance within an enclosed
area or storage yard;
CUP
- PC
6. Religious, civic, and comparable organizations, for uses
restricted to church buildings, community halls,
CUP
- PC
NU-s-es---'-"""'-""'-_ -J-7 _T- T___ _IITT___ T_____' _-_J7TX___Zoning Districts
administrative buildings, schoolrooms, recreational
facilities, and athletic fields, convents, seminaries, and
similar uses customarily associated with churches,
including parking and landscaping areas;
[-rehisl1ddec,a.ree,fhaOcislpitylta,IrsesvidOecnahtiOanlacal:,efdacsiplietiCelas,1l.cZoendgsrCehgOaOtels;
CUP
- PC
. Lodges, clubs, country clubs, including accessory uses such
as swimming pools, picnic areas, golf courses, driving tees
or ranges, miniature golf courses (all uses to be restricted to
members of the above organizations and their guests);
CUP
- PC
F).-Large-family daycare home;
CUP
- PC
10. Airports, airfields and helicopter terminals, including
ad_m__ in_istration and service buildings, maintenance and
storage yards;
CUP
- PC
11. Railroads, including terminals and stations, freight yards,
marshaling yards, storage yards, administrative and service
buildings;
CUP
- PC
12. Bus terminals and stations, including administration and
service buildings, maintenance and storage yards;
CUP
- PC
13. Freeways, expressways, and other roads with limited or
controlled access, including administrative buildings and
maintenance yards.
CUP
- PC
Key:
P - Permitted Use
- - Not Allowed
CUP - Admin. - Conditional Use Permit issued by the Director of Community
Development
CUP - PC - Conditional Use Permit issued by the Planning Commission
CUP - CC - Conditional Use Permit issued by the City Council
Ex - Excluded Uses
(1)Provided such use is conducted on property owned by a federal, State, county, or city
government or authority, a special district created for public purposes under the laws of
the State of California, or any other governmental agency, and leased for said uses.
Section 4. If any portion of this Ordinance or its application is for any reason held to
be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity,
unenforceability or unconstitutionality shall not affect the validity or
enforceability of the remaining portions of the Ordinance, or its
application to any other person or circumstance. The City Council hereby
declares that it would have adopted each section, sentence, clause or
phrase of this Ordinance, irrespective of the fact that any one or more other
sections, sentences, clauses or phrases of the Ordinance be declared
invalid, unenforceable or unconstitutional.
Section 5. This Ordinance shall take effect and be in force thirty (30) days from and
after adoption as provided by Government Code Section 36937.
Section 6. The City Clerk shall certify to the passage and adoption of this Ordinance
and shall give notice of its adoption as required by law. Pursuant to
Government Code Section 36933, a summary of this Ordinance may be
published and posted in lieu of publication and posting of the entire text.
Section 7. The City Council hereby finds that the proposed Ordinance amendments
are exempt from environmental review pursuant to Section 15301
(Existing Facilities) of the CEQA Guidelines because it can be seen that the
regulations for use of existing public facilities for private operations,
requiring a discretionary use permit, will result in negligible or no
expansion of use and it can be seen with certainty that these regulations
related to private uses on publicly owned property will have no possibility
of a significant effect on the environment and none of the exceptions in
CEQA Guidelines section 15300.2 apply. Therefore, the proposed action is
not subject to further review under CEQA. The City Council further
directs the Director of Community Development to file a Notice of
Exemption with the Santa Clara County Recorder in accordance with
CEQA and the CEQA guidelines.
Section 8. To the extent the provisions of this Ordinance are substantially the same
as previous provisions of the Cupertino Municipal Code, these provisions
shall be construed as continuations of those provisions and not as
amendments of the earlier provisions.
INTRODUCED this day of 2023, at a Regular Meeting of the City Council of
the City of Cupertino and ENACTED on the day of 2023, at a Regular Meeting
of the City Council of the City of Cupertino by the following roll call vote:
AYES:
NOES:
ABST AIN:
ABSENT:
SIGNED:
Hung Wei, Mayor
City of Cupertino
Date
ATTEST:
Kirsten Squarcia, City Clerk Date
APPROVED AS TO FORM:
Christopher Jensen, City Attorney Date